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There are checklists based upon the contents on this section at the end of the guide

LIABILITY

280. As far as liability (the ‘fault issue’) is concerned, whatever the nature of your accident:

(a) Write down an account as soon as you can;

(b) If possible, take several photos immediately after any accident, to illustrate what happened, the position of vehicles, a piece of dangerous equipment, etc. (use your phone or keep a disposable camera in your glove-box);

(c) Consider whether anyone else might be able to provide information about the accident;

(d) Consider whether someone could provide evidence in a broader context (eg in a workplace claim) on issues relating to training, or equipment; (e) Also, in a workplace claim, try to note down names and addresses of any

individuals who leave the defendant’s employment who might be able to provide relevant evidence concerning liability issues, or valuation issues (eg your reputation, opportunities for promotion, etc.). Such individuals may feel less ‘constrained’ about giving evidence relating to their former workplace after they have left;

(f) Consider in as balanced a way as you can whether you might have done anything wrong yourself, which might have contributed to your injury.

VALUATION OF YOUR CLAIM: ‘QUANTUM’

281. As far as quantum is concerned, keep in mind the key areas of your likely claim, typically: earnings, personal care, and assistance with heavier domestic tasks.

LOSS OF EARNINGS OR INCOME

realistically (not pessimistically) what the future probably held if the accident had not happened:

(a) Is your employer still trading? (b) Would you still have the same job? (c) Would you have had a pay rise?

(d) Might you have had a promotion. If so:- (i) Who was your competition?

(ii) Why were you ‘better’?

(iii) Did you have periodic appraisals which would show how well you were doing?

(iv) Who got the promotion?

(e) were you receiving any valuable employment benefits, apart from wages, which are now lost: e.g. health insurance, use of vehicle, telephone; (f) If the employer has gone into liquidation, what would you then have

done if you had not been injured?

(g) What were your chances of finding further work, and at what wage, and when, and where?

(h) Might there have been increased or reduced travel costs in further work? (i) What qualifications did you have before the accident?

(j) Can you still use any of those qualifications, or if not, is that because of the accident, or for some other reason?

(k) What can you manage now?

(l) Can you re-train in a field you know?

(m) How long would re-training take, what would it cost, what is the rate of successful completion (something the college or provider should tell you), and what proportion of successful candidates find work?

(n) Do you know what opportunities there may be? (o) Could you re-train in a new field altogether?

(p) How long would re-training take, what would it cost, what is the rate of successful completion (again, something the college or provider should tell you), and what proportion of successful candidates find work in that field?

(q) Do you know what opportunities there may be?

(r) What could you do if you did not pass the re-training course/exams? 283. If, prior to the accident, you ran your own business, rather than being an

employee, you will have to consider slightly different questions, bearing in mind all the time that you will be challenged on every aspect of the claim you advance. Be realistic and be as accurate as possible - but do not be a pessimist.

284. It is vital to persuade the insurers, and if necessary the judge, about your earnings, and prospects of pay increases or promotion. Insurers are likely to argue that all such suggestions are ‘speculative’ because they had not yet happened. Of course they are, as everything in the future is by definition speculative! Your job, with your advisers, is to provide evidence (your own, colleagues, etc.) which ‘builds likelihood’ (it was probably going to happen) in the place of speculation (there was a chance it might have happened).

EXPERT EVIDENCE TO ASSESS EFFECTS OF THE ACCIDENT ON INCOME

285. In the same way that the parties involve medical experts, they may also involve two types of expert to provide the Court with evidence about the impact of the accident upon your earnings. The first is the expert accountant (also called a forensic accountant) to assist in assessing complicated wage (and pension) losses, and lost business profits.

286. These experts can be extremely important in helping the lawyers to understand and explain the way in which a business ran before the accident, and as far as possible, what the future held. Their expertise can also make it far more economical for them (as opposed to the lawyers) to compile evidence of earnings loss or loss of and profit in complicated cases. 287. The second is an employment expert. These experts can be extremely

valuable providing they really have expertise which neither the parties (having conducted reasonable research) nor the Court (with a wealth of experience of injury claims) possess. In general terms, judges are resistant to permit the involvement of employment experts. They have been known to comment that the material provided in the report could have been found

288. My experience is that providing they are carefully chosen and instructed, employment experts can provide extremely important evidence which the Court does find of considerable value – in the right case.

PERSONAL CARE

289. Following many injuries the injured person needs, and receives, personal ‘care’ from others, usually close family members. The nature and duration of such care varies in every case. A simple example might be a person who has difficulty bathing or dressing for a short period after an accident. A more complicated example could be intensive day and night time care, very similar to nursing care, which might last for many months or even years. 290. The law permits you to recover the value of such care, on the basis that at

the end of your claim you will recompense the people who provided the care. The present hourly rate allowed is generally about £7.

291. It is sensible, but not essential, for someone to keep a record (perhaps weekly) of the sort of personal care provided to you (noting particularly any unsocial hours). This is more important in a case of serious injury, where the past pattern of family-provided care may be replaced in the future by paid care, which is compensated at a significantly higher rate.

292. If, instead of having care provided by family members or friends, an injured person is able to pay for such care themselves, then he will be able to recover the reasonable commercial costs.

293. In some cases, there are also legitimate claims for the care that the injured person was providing, or would have provided, to some other person (usually a close family member) if the accident had not happened.

DOMESTIC ASSISTANCE

294. The law also permits compensation in relation to tasks (such as household chores, DIY, gardening, etc.) which you would have undertaken if the accident had not happened. Typical examples are:

(a) Cleaning; (b) Vacuuming;

(d) Cooking; (e) Gardening; (f) DIY/decorating; (g) Window cleaning; (h) Shopping;

(i) Vehicle maintenance / cleaning.

295. Each case and each person is different, and the evidence (in witness statements and the medical evidence) must support those claims, by persuading the insurer, and possibly the Court, that:

(a) The claimant used to undertake such tasks;

(b) But for the accident, he would have undertaken them in the future (c) He cannot now manage them;

(d) There is no sensible way to re-distribute domestic tasks to reduce the need for someone else (whether a family member, friend, or paid ‘outsider’) to assist.

296. Therefore, for each of those tasks it is helpful if you, or someone on your behalf, can describe to your solicitor (even in a ‘stream-of-consciousness’ email, if that is easiest, which he can then fashion into a witness statement): (a) Who used to undertake each task before the accident, how frequently,

for how long, and who does it now, and why;

(b) If you were excellent at DIY or gardening etc., say so, and provide ‘before photos’ of work you had done, which demonstrate your pre- accident capabilities, which will help you to recover the cost of that work being undertaken professionally in the future;

(c) Think as broadly as you can – it may be that you have not yet owned a home with a garden, or a house (or a home you were responsible for), but try to explain your aptitudes, and what you expected would have happened, and when, if you had not been injured. Remember, you are simply trying to give a comprehensive picture of the likely impact of the accident upon you.

OTHER POTENTIAL CLAIMS

297. Also, when considering the effects of your injuries upon your life, it is important on the one hand not to miss important claims, whilst on the other hand to be sensible and realistic about whether the accident has actually caused a loss. Some further examples of relevant questions might be: (a) Will you need any extra equipment or furniture in your home? (b) Do you need an automatic vehicle?

(c) Do you need an adapted vehicle?

(d) Are you likely to incur additional travel costs?

(e) Will conventional holidays be possible? If not, how can you be provided with holidays, and what additional costs might there be?

298. By considering these matters, and providing information about them, and any other issues relevant to your circumstances, you will be:

(a) Helping to formulate each claim;

(b) Providing evidence to support the claims;

SECTION 17: THE KEY LITIGATION DOCUMENTS